13.16.120 City light poles.
A. The department shall not issue a small cell permit involving attachment to any city light pole unless the applicant demonstrates that it has obtained permission from the city in the form of a license, lease or other similar contractual arrangement approved by the mayor. The mayor’s decision to grant, condition or deny any request to attach to a city light pole is proprietary (rather than regulatory) in nature and wholly discretionary. The mayor may impose reasonable charges, including, but not limited to, license fees or rent, for the privilege of attaching small cell facilities to city light poles, consistent with applicable law.
B. The mayor or his or her designee shall consider the following guidelines in determining whether to grant, condition or deny requests to attach small cell facilities to city light poles, in addition to any other factors that he or she reasonably deems relevant:
1. Attachment to existing poles, including existing city light poles, is preferred over installation of new poles in the right-of-way.
2. Attachment to arterial street light poles is preferred over attachment to residential street light poles.
3. Attachment to ornamental, decorative or historic city light poles is prohibited. Attachment to replacement ornamental, decorative or historic city light poles may be authorized by the mayor or his or her designee upon determining that such replacement pole is designed to adequately conceal the small cell facility and maintain a consistent design aesthetic with surrounding city light poles.
4. The mayor or his or her designee shall consider whether the proposed attachment will effectively preclude the city from using the affected pole for existing or planned secondary city uses, including the hanging of banners, flower baskets or signage.
5. The mayor or his or her designee may allow the operator to utilize city power, provided the city is compensated for such use.
C. The granting of a pole-attachment license or lease as contemplated in this section shall not relieve the operator of its duty to comply with all other requirements of this chapter, including, but not limited to, the requirement to obtain a small cell permit for each facility installed within the right-of-way. [Ord. 2018-12-028; Ord. 2018-09-014 § 1].